Ads
keep this website free for you. TaxTips.ca does
not research or endorse any product or service appearing in
ads on this site.
Before making a major financial decision you
should consult a qualified professional.

Place of Supply Rules for Services

The place of supply rules for services, shown below,
apply to services performed for clients in Canada. If you provide
services for non-residents of Canada, these services may be
zero-rated. See the Canada Revenue Agency (CRA) information on Exported
Services.

A participating province is a province which charges
HST, which includes a federal component (5%) and a provincial
component. A non-participating province charges 5% GST only, and no
provincial component. For rates by province/territory, see Sales
Tax Rates in Canadian Provinces and Territories.

General Rules

Four general place of supply rules apply to all
supplies of services except those which are covered by other specific
rules.

Rule 1

Where the supplier obtains the address of the
recipient of the service, and that address is in Canada, GST or HST will
be charged based on the province of that address being the place of
supply.

Where the supplier obtains more than one address in
Canada of the recipient, the address that is most closely connected with
the supply will be used as the place of supply.

Where the supplier does not obtain an address in
Canada of the recipient, another Canadian address of the recipient that
is most closely connected with the supply will be used as the place of
supply.

Example: A supplier in Quebec designs a
web site for a company with an Ontario business address. Although
the services are entirely performed in Quebec, the supply of the
service is deemed to be made in Ontario, and HST would apply at a rate
of 13%.

This rule does not require a supplier to obtain an
address of the recipient, if the supplier does not already obtain the
address in the normal course of business.

See Canada Revenue Agency document B-103
HST - Place of supply rules for determining whether a supply is made in
a province (see link at bottom), regarding situations where the supplier has both a home
address and business address for the recipient, or the recipient has
multiple addresses.

Rule 2

If the address of the recipient of the
service is not obtained, and the Canadian element of the service
is performed primarily (more than 50%) in the participating
provinces (provinces charging HST), the supply is considered to
be made in the participating province in which the greatest
proportion of the Canadian element of the service is performed.

Example: A supplier in Ontario
provides document editing and translation services to clients
electronically over the internet, with documents e-mailed to the
supplier, edited, and e-mailed back to the client. No
addresses are obtained. The services are performed in
Ontario, therefore HST would apply at a rate of 13%.

Rule 3

Where Rule 2 would apply, but the service is performed equally
in two or more participating provinces, the place of supply is considered
to be the province with the highest HST rate. If two or more of the
participating provinces in this case have the same HST rate, that rate
will be used.

Rule 4

Where Rule 2 would apply, but the service is performed other than
primarily (50% or less) in participating provinces, i.e., it is performed
50% or more in non-participating provinces, then the supply is considered
to be made in a non-participating province, and GST would apply, not HST.

Supplies of Services Not Covered by General Rules

There are specific place of supply rules for the following
types of services:

services re real property

services re a location-specific event

customs brokerage services

telecommunication services

passenger transportation services

premium rate telephone services

repairs, maintenance, and
photographic-related goods

personal services (does not include
supplies of an advisory, consulting or professional service,
which will generally be subject to the general place of supply
rules for services)

services re tangible personal property
(goods)

services re litigation

air navigation services

freight transportation services

postage and mail delivery services

computer-related services and internet
access

services of a trustee for a trust governed
by an RRSP, RRIF, RESP, TFSA or RDSP

Other Resources

Canada Revenue Agency

GST/HST
and place of supply rules - For specific place of supply rules for the above types of services,
as well as more information on the general place of supply rules.